Recommendations

Chapter 11 Trial process (Part 3 of the Act)

R29We recommend amending s 90 so that documents that have been excluded under s 28 are not available for use in questioning under s 90.

R30We recommend that the interrelationship between ss 31 and 90 be kept under review with any problems identified to be considered at the next five year review. R31We recommend amending s 95(1) so that it unambiguously applies to both civil and criminal proceedings involving domestic violence or harassment.

R32We recommend that the Crown Law Office consider whether it would be appropriate to amend its Victims of Crime Guidance for Prosecutors to provide a clearer indication to prosecutors that they should consider making an alternative mode of evidence application for complainants in sexual cases or cases involving serious violence.

R33We recommend amending s 379A of the Crimes Act 1961 to provide an appeal right from a decision regarding a pre-trial witness anonymity order under s 110.